How can we best avoid conflict in the divorce process?
Unlike other lawsuits, a divorce can be accomplished through a variety of ways. Collaborative law is one of the newest and most exciting forms of resolution. Even though both parties have attorneys, it is an avenue of divorce resolution that avoids formal litigation and the courtroom. The parties are free to use mediators, financial planners, counselors, extended family, members of the clergy or anyone else that might be helpful in resolving the divorce issues. Attorneys practicing collaborative law must undergo specialized training that is not available in all areas of the country.
If you use a more traditional and formal approach to the divorce process, many cases can be resolved in formal mediation. This is a process whereby the clients are represented by attorneys and a third party – a mediator – works with each side to resolve disagreements without the cost and stress of a contested trial. Because the mediation process is so successful, many courts make mediation mandatory so that families avoid the cost and strife of formal litigation.
If your case goes to trial, it is important to educate the children about the process in a general way. Sometimes a judge will speak with older children. Sometimes children believe they will have to choose a side. Before you educate your children, talk with your lawyer and get guidance from professionals about what you should and should not tell the children.